BILL NUMBER: AB 2717	CHAPTERED  08/23/00

	CHAPTER   227
	FILED WITH SECRETARY OF STATE   AUGUST 23, 2000
	APPROVED BY GOVERNOR   AUGUST 22, 2000
	PASSED THE ASSEMBLY   AUGUST 7, 2000
	PASSED THE SENATE   JUNE 29, 2000
	AMENDED IN SENATE   JUNE 14, 2000

INTRODUCED BY   Assembly Member House

                        FEBRUARY 25, 2000

   An act to amend Section 24011 of, and to add Section 6523.8 to,
the Government Code, relating to Tuolumne County.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2717, House.  Tuolumne County.
   (1) Existing law requires counties to provide or secure certain
public health care services and authorizes the formation of local
health care districts and the establishment of municipal hospitals
for the purpose of providing needed public health care services.
Existing law, the Joint Exercise of Powers Act, permits 2 or more
public agencies to enter into an agreement to jointly exercise any
power common to the contracting parties.
   This bill would provide that, notwithstanding the law relating to
joint exercise of powers, a nonprofit hospital in Tuolumne County may
enter into a joint powers agreement with a public agency.  The bill
would prohibit nonprofit hospitals and public agencies participating
in a joint powers agreement entered into under this provision from
reducing or eliminating any emergency services, as a result of that
agreement, following the creation of the joint powers authority
without a public hearing by the authority.
   (2) Existing law requires specified county offices, including the
district attorney and public administrator, to be elective offices
unless the voters of the county adopt a proposal making an office
appointive.  Other county offices are appointive.  Special
authorization is given the Board of Supervisors of Madera, Mendocino,
Trinity, and Lake Counties to adopt an ordinance making the office
of public administrator appointive, to appoint the same person to the
offices of public administrator, veteran service officer, and public
guardian, and to separate the consolidated offices of district
attorney and public administrator at any time in order to make these
appointments.
   This bill would extend to the Board of Supervisors of Tuolumne
County the same authority possessed by the Boards of Supervisors of
Madera, Mendocino, Trinity, and Lake Counties.
   (3) This bill would incorporate additional changes in Section
24011 of the Government Code contained in AB 766, that would become
operative only if AB 766 and this bill are both chaptered and become
effective on or before January 1, 2001, and this bill is chaptered
last.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6523.8 is added to the Government Code, to
read:
   6523.8.  (a) Notwithstanding any other provision of this chapter,
a nonprofit hospital in the County of Tuolumne may enter into a joint
powers agreement with a public agency, as defined in Section 6500.
   (b) Nonprofit hospitals and public agencies participating in a
joint powers agreement entered into pursuant to subdivision (a) shall
not reduce or eliminate any emergency services, as a result of that
agreement, following the creation of the joint powers authority
without a public hearing by the authority.
   (c) The joint powers authority shall provide public notice of the
hearing to the communities served by the authority not less than 14
days prior to the hearing and the notice shall contain a description
of the proposed reductions or changes.
   (d) Nothing in this section shall be construed to grant any power
to any nonprofit hospital that participates in an agreement
authorized under this section to levy any tax or assessment.  Nothing
in this section shall permit any entity, other than a nonprofit
hospital corporation or a public agency, to participate as a party to
an agreement authorized under this section.
  SEC. 2.  Section 24011 of the Government Code is amended to read:
   24011.  Notwithstanding the provisions of Section 24009:
   (a) The Boards of Supervisors of Madera County, Mendocino County,
Trinity County, Tuolumne County, and Lake County may, by ordinance,
provide that the public administrator shall be appointed by the
board.
   (b) The Boards of Supervisors of Madera County, Mendocino County,
Trinity County, Tuolumne County, and Lake County may appoint the same
person to the offices of public administrator, veteran service
officer, and public guardian.
   (c) The Boards of Supervisors of Madera County, Mendocino County,
Trinity County, Tuolumne County, and Lake County may separate the
consolidated offices of district attorney and public administrator at
any time in order to make the appointments permitted by this
section.  Upon approval by the board of supervisors, the officer
elected to these offices at any time may resign, or decline to
qualify for, the office of public administrator without resigning
from, or declining to qualify for, the office of district attorney.

  SEC. 3.  Section 24011 of the Government Code is amended to read:
   24011.  Notwithstanding the provisions of Section 24009:
   (a) The Boards of Supervisors of Madera County, Mendocino County,
Solano County, Trinity County, Tuolumne County, and Lake County may,
by ordinance, provide that the public administrator shall be
appointed by the board.
   (b) The Boards of Supervisors of Madera County, Mendocino County,
Trinity County, Tuolumne County, and Lake County may appoint the same
person to the offices of public administrator, veteran service
officer, and public guardian.  The Board of Supervisors of Solano
County may, by ordinance, appoint the same person to the offices of
public administrator and public guardian.
   (c) The Boards of Supervisors of Madera County, Mendocino County,
Trinity County, Tuolumne County, and Lake County may separate the
consolidated offices of district attorney and public administrator at
any time in order to make the appointments permitted by this
section.  Upon approval by the board of supervisors, the officer
elected to these offices at any time may resign, or decline to
qualify for, the office of public administrator without resigning
from, or declining to qualify for, the office of district attorney.

  SEC. 4.  Section 3 of this bill incorporates amendments to Section
24011 of the Government Code proposed by both this bill and AB 766.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2001, (2) each bill amends
Section 24011 of the Government Code, and (3) this bill is enacted
after AB 766, in which case Section 2 of this bill shall not become
operative.
  SEC. 5.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of unique circumstances in Tuolumne County.
